Publications

Section Newsletter Articles on Environmental Law

Changes and continued uncertainty for construction industry with CCDD law By Alison K. Hayden Environmental Law, February 2011 Public Act 96-1416 amends the Illinois Environmental Protection Act, 415 ILCS 5/1 et seq., to regulate facilities which accept soil and Clean Construction Demolition Debris for disposal.
Illinois EPA submits new vapor intrusion proposal By Raymond T. Reott Environmental Law, February 2011 Unable to completely resolve the objections to its original proposal, despite a long stay of the rulemaking proceedings, the Illinois EPA finally decided to bring forth a new and different proposal to add a vapor intrusion pathway for indoor air exposure to the Illinois TACO Cleanup Rules.
Seventh Circuit strikes down ruling affecting enforcement of the Clean Air Act By Gene Schmittgens Environmental Law, February 2011 A look at the case of United States of America v. Cinergy Corporation.
Equipment lessor deemed an “owner” under CERCLA, is liable for remediation costs By James A. Vroman and Genevieve J. Essig Environmental Law, October 2010 The recent case of United States v. Saporito provides a new perspective on who could be held liable for a release of hazardous substances as an “owner” under CERCLA.
New USEPA lead paint renovation rule By Raymond T. Reott Environmental Law, October 2010 Earlier this year the U.S. EPA adopted new rules involving the renovation and repair of pre-1978 structures with suspected lead-based paint.
Who do I have to consult? A look at the Illinois Department of Natural Resources consult process By Lisle A. Stalter Local Government Law, October 2010 A local government-DNR consult can be required for any construction activity, infrastructure (utility, road, sewer) alterations, discharge of pollutants into the air, water or land, re-zoning, and subdivision and development platting.
Illinois adopts green building standards for state projects By Raymond T. Reott Environmental Law, September 2010 The Green Buildings Act, enacted in Illinois in 2009, requires all new state-funded building construction and major renovations of existing facilities to seek clarification under green building standards.
In sites Government Lawyers, September 2010 A list of Web sites that disclose information about property and facilities.
New CERCLA settlement obstacles By Robert Olian Environmental Law, September 2010 A look at the recently decided case of Agere Systems, Inc., et al. v.Advanced Environmental Technology Corporation, et al, which will have a broad-reaching effect on potentially responsible parties.
SEC issues interpretive guidance on climate change disclosure requirements for public companies By Dustin T. Till Business and Securities Law, June 2010 The SEC has published a new interpretive document intended to inform public companies of their obligation to disclose to investors the impacts on their businesses—both positive and negative—of existing and proposed climate change laws and regulations.
2010 Illinois legislation update as of 4/20/10 By Kyle Rominger Environmental Law, May 2010 Recent legislation affecting environmental law in Illinois.
Clean Water Restoration Act By Jeff Baker Environmental Law, May 2010 The current Clean Water Act extends only to “navigable waters.” But the recently introduced Clean Water Restoration Act would replace the current "navigable waters" language for the broader “waters of the United States.”
Federal lead exposure regulations impact work done on pre-1978 residences and child-occupied facilities By Jennifer J. Sackett Pohlenz Real Estate Law, May 2010 Including regulated substances like lead and asbestos in your pre-work planning can ultimately make for a smoother and more economical project.
SEC issues interpretive guidance on climate change disclosure requirements for public companies By Dustin T. Till Environmental Law, May 2010 The SEC has published a new interpretive document intended to inform public companies of their obligation to disclose to investors the impacts on their businesses—both positive and negative—of existing and proposed climate change laws and regulations.
What the local government attorney should know about Illinois environmental laws By Lisle A. Stalter Local Government Law, May 2010 An overview of the environmental laws that impact a local government lawyer.
Environmental cleanup claims survive bankruptcy: US v. Apex Oil Co., Inc. By Raymond T. Reott and Becky J. Schanz Commercial Banking, Collections, and Bankruptcy, March 2010 Courts have issued conflicting opinions on whether claims for injunctions ordering the cleanup of environmental contamination are discharged in a bankruptcy proceeding.
2009 spring legislative session Environmental Law, January 2010 Illinois House and Senate Bills related to Environmental Law
Is your remediation green enough? By John Van Vranken Environmental Law, January 2010 It is self-evident that remediation of environmental contamination benefits the environment. But is the remediation itself green enough? This is a hot topic for federal and state regulators and is affecting how remediations are actually conducted.
Vapor intrusion rulemaking stayed By Raymond T. Reott Environmental Law, January 2010 The Illinois Pollution Control Board has stayed the long-anticipated vapor intrusion rulemaking.
A green economy: What does corporate counsel need to know? By E. Lynn Grayson Corporate Law Departments, December 2009 A media buzz surrounds the politically charged concept of developing a green economy by investing in initiatives that are good for the environment and financially beneficial for business
Making business sense of building green in the Midwest By Christina Spicer Business Advice and Financial Planning, December 2009 Over the past couple of years, there has been a lot of talk about green buildings and the high costs associated with building to green standards.
2009 spring legislative session environmental bills Environmental Law, October 2009 Here are the highlights on environmental bills passed during the Spring 2009 Session of the General Assembly.
Environmental cleanup claims survive bankruptcy: US v. Apex Oil Co., Inc. By Raymond T. Reott and Becky J. Schanz Environmental Law, October 2009 In general, once a company files for reorganization under the federal bankruptcy laws and is reorganized, old creditors may not pursue debts arising before the reorganization.
Encased asbestos: Dangerous or safe? By Becky J. Schanz Environmental Law, April 2009 A recent Seventh Circuit opinion addressed a seller’s potential liability for asbestos that remains within a building after it is sold.
Indoor air inhalation update By Raymond T. Reott Environmental Law, February 2009 The Illinois EPA has submitted a proposal to the Illinois Pollution Control Board to add an indoor inhalation pathway to the Illinois cleanup objectives.
Legislative update By Kyle Rominger Environmental Law, February 2009 An overview of environmental legislation signed into law in 2008.
Management of urban soils as “Clean construction and demolition debris” By Joseph R. Podlewski, Jr. Environmental Law, February 2009 For several years those engaged in redevelopment of urban sites in Illinois have advocated the classification of soils containing contaminants (particularly lead and polynuclear aromatic hydrocarbons, or PNAs) within area background concentrations as “Clean Construction and Demotion Debris,” or “CCDD.”
Phase I Environmental Site Assessments: The familiar stranger By Phillip R. Van Ness Real Estate Law, February 2009 An attorney charged with guiding his or her Illinois client through a Phase I doesn’t have to understand the science behind it (although that surely won’t hurt). But he or she does have to know whether the Phase I at least prima facie appears to comport with the essential elements of a valid Phase I. At this point, it may be advisable to secure the services of an environmental lawyer, but even a non-technically trained lawyer can put together a checklist that greatly increases the odds that the client will have a Phase I it can rely on.  
Illinois EPA submits indoor air quality proposal Environmental Law, December 2008 As has been discussed for some time, Illinois EPA recently submitted a proposed rulemaking to the Illinois Pollution Control Board on the topic of adding indoor air quality limitations to the Tiered Approach to Corrective Action Objectives (“TACO”) system.
Is there a private cause of action under the Illinois Environmental Protection Act? A curious history of an interesting issue By John L. Leonard Environmental Law, December 2008 Recent state and federal cases say no, there is no private cause of action under the IEPA.